Authority: High Court of Gujarat at Ahmedabad
Order Date: 03 September 2026
Case Overview
- Petitioner: Shree Ram Enterprise; Respondents: State of Gujarat and others.
- The petitioner’s Tata Motors dumper (Reg. No. GJ‑06‑BX‑9864) was seized on 18 June 2026 by authorities under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
- The petitioner argued that no formal complaint had been filed as required by the Rules, citing the Court’s earlier order in Special Civil Application No.8664 of 2024.
- Respondents, through Assistant Government Pleader, confirmed that no complaint had been lodged and sought appropriate relief.
Court Reasoning
- The Court noted that the Rules mandate the investigator to file a written complaint with the Sessions Court and to produce seized property within the stipulated period.
- Absence of such a complaint frustrates the purpose of seizure and any bank‑guarantee requirement.
- Accordingly, the seizure cannot continue without compliance, and the vehicle must be released to the petitioner.
Final Outcome
- The authority is directed to release the dumper vehicle immediately, without insisting on a bank guarantee.
- The order is limited to the release of the vehicle; the petitioner may pursue any other legal remedies.
- No costs are awarded; the petition is disposed and the rule is made absolute.
Topics: Vehicle Seizure, Mining Regulation, Legal Relief